ORANGE COUNTY PLANNING DIVISION - Orange County Government

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ORANGE COUNTY PLANNING DIVISION - Orange County Government
ORANGE COUNTY
PLANNING DIVISION

2021-1 REGULAR
TAB D-9
2021-1-B-FLUM-1
2010 - 2030 COMPREHENSIVE PLAN

BOARD OF COUNTY
COMMISSIONERS

FEBRUARY 9, 2021
TRANSMITTAL PUBLIC HEARING

PREPARED BY:
ORANGE COUNTY COMMUNITY, ENVIRONMENTAL
AND DEVELOPMENT SERVICES

PLANNING DIVISION
COMPREHENSIVE PLANNING SECTION
ORANGE COUNTY PLANNING DIVISION - Orange County Government
ORANGE COUNTY PLANNING DIVISION - Orange County Government
ORANGE COUNTY PLANNING DIVISION - Orange County Government
TABLE OF CONTENTS
INTRODUCTION .............................................................................................................................. Tab 1
REGULAR CYCLE AMENDMENT ..................................................................................................... Tab 2
  Staff‐Initiated Regular Cycle Future Land Use Map (FLUM) Amendment
    Amendment                                                                                                                              Page
      1.    2021‐1‐B‐FLUM‐1                 Map amendment to the Future Land Use Map consistent with                                         1
            Green PLACE                     Conservation Element Policy C1.4.4 to change the designation of
                                            three Green PLACE properties totaling 122.81 acres from
                                            Rural/Agricultural (R) to Preservation (PRES)

    BCC Transmittal                                                       1                                                  February 9, 2021
ORANGE COUNTY PLANNING DIVISION - Orange County Government
2021-1 Regular Cycle Comprehensive Plan Amendments
                                                                                                                                           Staff Initiated Comprehensive Plan Map Amendment

                          Amendment Number                                       Sponsor                                                                                                        Description of Proposed Changes to the 2010-2030 Comprehensive Plan (CP)                                                                                 Project Planner     Staff Rec   LPA Rec

                                                                    Environmental Protection Division and                                                                                                                                                                                                                                                  Beth Jackson/                 Transmit
                      2021-1-B-FLUM-1 (Green PLACE)                                                                    Map amendment to the Future Land Use Map consistent with Conservation Element Policy C1.4.4 to change the designation of three Green PLACE properties totaling 122.81 acres from Rural/Agricultural (R) to Preservation (PRES)                        Transmit
                                                                             Planning Division                                                                                                                                                                                                                                                            Jennifer DuBois                  (6-0)

                                                                                                            ABBREVIATIONS INDEX: IND-Industrial; C-Commercial; O-Office; LDR-Low Density Residential; LMDR-Low-Medium Density Residential; MDR-Medium Density Residential; MHDR-Medium-High Density Residential; HDR-High Density Residential; PD-Planned Development;
                                                                                                            V-Village; CONS-Wetland/Conservation; PR/OS-Parks/Recreation/Open Space; OS-Open Space; GB-Greenbelt; SPA-Special Planning Area; R-Rural/Agricultural; TS-Timeshare; RS-Rural Settlement; ACMU-Activity Center Mixed Use; ACR-Activity Center Residential; GC-
                                             ABBREVIATIONS INDEX:
                                                                                                            Growth Center; R-Resort; PD-Planned Development; USA-Urban Service Area; WB-Water Body; CP-Comprehensive Plan; FLUM-Future Land Use Map; FLUE-Future Land Use Element; TRAN-Transportation Element; GOPS-Goals, Objectives, and Policies; OBJ-Objective; LUP-
                                                                                                            Land Use Plan; LUPA-Land Use Plan Amendment; CDR- Change Determination Request; PD-Planned Development District; A-2- Farmland Rural District; A-1-Citrus Rural District; SR-State Road; AC-Acres

Updated on 2/1/2021                                                                                                                                                              2021-1-B-FLUM-1 Regular Cycle State Expedited Amendments - Summary Chart                                                                                                                                      Pg. 1 of 1
ORANGE COUNTY PLANNING DIVISION - Orange County Government
2021 FIRST REGULAR CYCLE
              AMENDMENT TO THE 2010-2030
                 COMPREHENSIVE PLAN
              TRANSMITTAL PUBLIC HEARING

INTRODUCTION
This is the Board of County Commissioners (BCC) transmittal staff report for the First
Regular Cycle Amendment 2021-1-B-FLUM-1 to the Future Land Use Map (FLUM) and
Comprehensive Plan (CP). This amendment was heard by the Planning and Zoning
Commission (PZC)/Local Planning Agency (LPA) at a transmittal public hearing on
January 21, 2021.

The above-referenced 2021-1 Regular Cycle Amendment entails a staff-initiated map
amendment located in Districts 4 and 5. Since this is the transmittal stage for this
amendment, there will be a second round of public hearings for adoption after the Florida
Department of Economic Opportunity (DEO) and other State agencies complete their
review of the proposed amendment and provide comments, expected in March 2021.
Adoption public hearings are tentatively scheduled before the LPA on April 15, 2021 and
the BCC on May 11, 2021.

Once the Regular Cycle amendment has been adopted by the BCC, it will become
effective 31 days after DEO notifies the County that the plan amendment package is
complete. This amendment is expected to become effective in June 2021, provided no
challenges are brought forth for the amendment.

Any questions concerning this document should be directed to Alberto A. Vargas, MArch.,
Manager, Planning Division, at (407) 836-5802 or Alberto.Vargas@ocfl.net, or Gregory
Golgowski, AICP, Chief Planner, Comprehensive Planning Section, at (407) 836-5624 or
Gregory.Golgowski@ocfl.net.
ORANGE COUNTY PLANNING DIVISION - Orange County Government
Orange County Planning Division                                             BCC Transmittal Staff Report
Beth Jackson, Environmental Program Supervisor                             Amendment 2021‐1‐B‐FLUM‐1
Jennifer DuBois, Project Planner                                                Green PLACE Properties

  The following meetings and hearings have been held for
                                                            Project/Legal Notice Information
  this proposal:
  Report/Public Hearing          Outcome                    Title: Amendment 2021‐1‐B‐FLUM‐1
      Staff Report              Recommend transmittal      Division: Environmental Protection
       LPA Transmittal           Recommend transmittal
  
       January 21, 2021          (6‐0)
       BCC Transmittal                                      Request: Map amendment to the Future Land Use Map
       February 9, 2021                                     consistent with Conservation Element Policy C1.4.4 to
                                                            change the designation of three Green PLACE properties
       Agency Comments
                                                            totaling 122.81 acres from Rural/Agricultural (R) to
       March 2021                                           Preservation (PRES)
       LPA Adoption
       April 15, 2021
       BCC Adoption
                                                            Revision: Orange County Future Land Use Map
       May 11, 2021

Staff Recommendation
Make a finding that the proposed amendment has the potential to be found “in compliance,” as defined
by Section 163.3184(1)(b), Florida Statutes; and recommend to the Local Planning Agency that
Amendment 2021‐1‐B‐FLUM‐1 be TRANSMITTED to the state reviewing agencies.

February 9, 2021                                    Countywide                                          Page | 1
ORANGE COUNTY PLANNING DIVISION - Orange County Government
Orange County Planning Division                                         BCC Transmittal Staff Report
Beth Jackson, Environmental Program Supervisor                         Amendment 2021‐1‐B‐FLUM‐1
Jennifer DuBois, Project Planner                                            Green PLACE Properties

A. Description/Justification
   Since the mid‐1990s, Orange County has been acquiring environmentally‐sensitive land through its
   Green PLACE (Park Land Acquisition for Conservation and Environmental Protection) program. The
   mission of Green PLACE is “to preserve and manage environmentally sensitive lands, protect water
   resource lands and to provide a quality passive recreational experience for existing and future
   generations”. To date, the County has acquired roughly 23,190 acres independently or in partnership
   with such agencies as the Florida Parks and Recreation Division of the Florida Department of
   Environmental Protection, St. Johns River Water Management District, South Florida Water
   Management District, and the Florida Fish and Wildlife Conservation Commission. The Orange County
   Environmental Protection Division (EPD) has recently received three contiguous environmentally‐
   sensitive parcels totaling 122.81 acres via donation by JEL Land Development, LLC, which it proposes
   to add to the Green PLACE program. The applicant, Beth Jackson of EPD, is seeking to change the
   Future Land Use Map (FLUM) designation of these parcels from Rural/Agricultural (R) to Preservation
   (PRES) to attain consistency with Conservation Element Policy C1.4.4 of the Orange County
   Comprehensive Plan.
   Policy C1.4.4 states, “The future land use designation of Preservation shall be established to recognize
   publicly or privately owned lands of significant environmental importance for the purposes of
   environmental protection. Publicly owned lands designated Preservation shall be lands owned by
   federal, state or local governments acquired for environmental preservation, rehabilitation or
   management. Privately owned lands such as wetland mitigation banks, Regional Offsite Mitigation
   Areas, and environmentally‐sensitive properties owned by the Florida Audubon Society, Nature
   Conservancy or similar types of non‐profit entities may be designated as Preservation so long as
   formal consent is provided.
   Compatible very‐low impact recreational or educational uses, such as hiking, non‐motorized boating,
   bird watching, horseback riding, fishing, primitive camping, and nature study, that use natural
   amenities of the site for public benefit are allowable uses in the Preservation designation, so long as
   these uses avoid development encroachment into warranted, environmentally‐sensitive areas. All
   other uses are prohibited. Furthermore, development within areas designated Preservation cannot
   exceed a 0.1 Floor Area Ratio.” It is staff’s belief that this proposed Future Land Use Map Amendment
   is consistent with the purpose and intent of Policy C1.4.4.

B. Map Amendment
   The proposed map amendment entails a requested change from Rural/Agricultural (R) to Preservation
   (PRES) for the following Green PLACE properties: Parcel 33‐22‐32‐0000‐00‐002 (67.61 acres), Parcel
   33‐22‐32‐0000‐00‐006 (35.27 acres) and Parcel 33‐22‐32‐0000‐00‐007 (20.03 acres). The combined
   122.81 acres are presently undeveloped, with the exception of a now‐vacant single‐family home on
   the west side of the property. As shown on the accompanying aerial photograph, the heavily‐wooded
   site is primarily comprised of upland vegetation and forested wetlands associated with the
   Econlockhatchee River and its Long Branch tributary, which flow through the site. The property is
   bounded to the east and south by the 559‐acre Long Branch Preserve, a Preservation‐designated
   Green PLACE property that includes the 163‐acre Long Branch Park, an Orange County facility, and
   396 acres of preservation land jointly owned by the County and the St. Johns River Water
   Management District. A 470‐acre former cattle ranch with the Rural/Agricultural future land use
   designation is located north of the property, with the Econlockhatchee River and its wetland system
   bordering the site to the west. As illustrated on the zoning map, the subject property is zoned A‐2
   (Farmland Rural District), a classification it will retain if the proposed map amendment is adopted.
February 9, 2021                              Countywide                                         Page | 2
ORANGE COUNTY PLANNING DIVISION - Orange County Government
Orange County Planning Division                                         BCC Transmittal Staff Report
Beth Jackson, Environmental Program Supervisor                         Amendment 2021‐1‐B‐FLUM‐1
Jennifer DuBois, Project Planner                                            Green PLACE Properties
   In addition to its consistency with Policy C1.4.4, staff finds this proposed amendment consistent with
   Future Land Use Element Policy FLU1.1.4(G), which establishes future land use designations,
   including the requested designation of Preservation, for the creation of permanent open space,
   conservation, and recreation areas. As set forth in Policy FLU1.1.4(G), the Preservation category
   recognizes publicly‐ or privately‐owned lands of significant environmental importance for the purpose
   of environmental protection. This policy mandates that publicly‐owned lands shall be lands owned
   by federal, state, or local governments acquired for environmental preservation, rehabilitation, or
   management. Policy FLU1.1.4(G) further specifies that the utilization of Preservation‐designated
   properties shall be limited to those compatible, very‐low‐impact recreational or educational uses that
   use natural amenities of the site for public benefit. This requested amendment entails the
   incorporation of the 122.81‐acre subject property, through which the Econlockhatchee River and its
   Long Branch tributary flow, into EPD’s Green PLACE program for preservation in perpetuity, while
   allowing for public education and enjoyment through engagement in low‐impact recreational
   activities.
   In addition, staff finds this request consistent with Conservation Element Goal C1, which mandates
   that Orange County shall conserve, protect, and enhance the County's natural resources, including
   air, surface water, groundwater, vegetative communities, wildlife listed as threatened, endangered,
   or species of special concern, soils, floodplains, recharge areas, wetlands, and energy resources to
   ensure that these resources are preserved for the benefit of present and future generations. EPD’s
   Green PLACE program furthers Goal C1 by preserving and managing environmentally‐sensitive lands
   and protecting water resources. As noted previously, the subject site is immediately adjacent to the
   559‐acre Long Branch Preserve, an existing Green PLACE property that includes Orange County’s 163‐
   acre Long Branch Park and an additional 396 acres of preservation land jointly owned by the County
   and the St. Johns River Water Management District. The inclusion of 122.81 contiguous acres of
   environmentally‐sensitive land in the Green PLACE program will provide a wealth of opportunity for
   the protection and enhancement of surface water, wetland and upland vegetative communities,
   wildlife habitat, and other natural resources in this area of the County. Similarly, Open Space Element
   Goal OS1 states it is a goal of Orange County to protect and preserve valuable open space resources.
   Perpetual preservation of the site while simultaneously allowing for its use by the public for passive
   recreation and education will help advance this goal and foster awareness of the importance of
   conserving and enhancing these critical resources among present and future generations.
   Based on its consistency with Policy C1.4.4 and the supporting Comprehensive Plan policies discussed
   above, staff recommends transmittal of this requested amendment.

February 9, 2021                             Countywide                                         Page | 3
ORANGE COUNTY PLANNING DIVISION - Orange County Government
Orange County Planning Division                     BCC Transmittal Staff Report
Beth Jackson, Environmental Program Supervisor     Amendment 2021‐1‐B‐FLUM‐1
Jennifer DuBois, Project Planner                        Green PLACE Properties

AERIAL

February 9, 2021                      Countywide                        Page | 4
Orange County Planning Division                     BCC Transmittal Staff Report
 Beth Jackson, Environmental Program Supervisor     Amendment 2021‐1‐B‐FLUM‐1
 Jennifer DuBois, Project Planner                        Green PLACE Properties

FUTURE LAND USE

                                                            Current Future Land
                                                            Use Designation:
                                                            Rural/Agricultural (R)

                                                            Special Area
                                                            Information:
                                                            The subject property is
                                                            located within the
                                                            Econlockhatchee River
                                                            Protection Area.

 FUTURE LAND USE – PROPOSED

                                                             Proposed Future Land
                                                             Use Designation:
                                                             Preservation (PRES)

 February 9, 2021                      Countywide                          Page | 5
Orange County Planning Division                     BCC Transmittal Staff Report
Beth Jackson, Environmental Program Supervisor     Amendment 2021‐1‐B‐FLUM‐1
Jennifer DuBois, Project Planner                        Green PLACE Properties

ZONING

                                                            Current Zoning
                                                            Classification:
                                                            A‐2 (Farmland Rural
                                                            District)

February 9, 2021                      Countywide                         Page | 6
Orange County Planning Division                           BCC Transmittal Staff Report
Beth Jackson, Environmental Program Supervisor           Amendment 2021‐1‐B‐FLUM‐1
Jennifer DuBois, Project Planner                              Green PLACE Properties
Site Visit Photos
                                          Subject Site

February 9, 2021                      Countywide                              Page | 7
February 9, 2021   Countywide   Page 8
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